9 2.09 Court-Annexed Small Claims Mediation
In an effort to provide the citizens of the 17th Judicial Circuit with an expeditious and expense saving alternative to traditional litigation in the resolution of controversies, there is hereby established a pilot program of Court-Annexed Small Claims Mediation for pro se litigants.
I. INTRODUCTION
Mediation under this order and pursuant to the following rules involves a confidential process by which a neutral mediator, selected by the parties or appointed by the Court, assists in identifying the issues, reducing misunderstanding, clarifying priorities, exploring areas of compromise, and finding points of agreement as well as legitimate points of disagreement. Any agreement reached by the parties is to be based on the autonomous decisions of the parties and not the decisions of the mediator. It is anticipated that an agreement may not resolve all of the disputed issues, but the process can reduce points of contention. Parties and their representatives are expected to mediate in good faith but are not compelled to reach an agreement.
II. ACTIONS ELIGIBLE FOR SMALL CLAIMS MEDIATION
All pro se small claims and cases may be referred to mediation by agreement of the parties.
If there is an order of protection between the parties then mediation shall not take place until further inquiry of the Court.
I II. SCHEDULING OF MEDIATION
All pro se small claims litigants shall be given the opportunity to participate in mediation at the first return date. Mediation may occur at any time during the small claims process, however, if the parties agree to participate in mediation at the first appearance and the case is settled at that time, the respondent’s appearance fee will be waived.
IV. MEDIATION RULES AND PROCEDURES
A. Appointment of the Mediator
1. At the initial appearance date the Court will designate the mediator who will handle the case from the assigned mediators available that day. If the case is not reduced to judgment that day, the case shall be set on the small claims’ trial call.
2 A. The mediator must have completed an approved mediator training program.
3. Unless fully disclosed and waived by the parties, a mediator must not have an interest in the outcome of the litigation, must not be retained or employed by any of the parties or attorneys involved in the litigation, or be related to any of the parties or attorneys in the litigation.
B. Compensation of the Mediator
The small claims mediators are volunteers and shall not be compensated.
C. Disqualification of a Mediator
Any party may move to enter an order disqualifying a mediator for good cause. If the Court rules that the mediator is disqualified from hearing a case, an order shall be entered setting forth the name of a qualified replacement. Nothing in this provision shall preclude mediators from disqualifying themselves or refusing any assignment.
D. Counsel
The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. Counsel shall be permitted to communicate privately with their clients.
E. Communication with Parties
The mediator may meet and consult privately with either party and his/her representative during the mediation session.
F. Completion of Mediation
Mediation shall be completed within the court session that the mediator is appointed.
G. Absence of Parties and Subsequent Termination of Mediation
If both parties agree to mediation and then either one fails to appear at the mediation, the case will be sent back to the presiding judge for disposition as if mediation had never been scheduled.
The mediator shall prepare a report of the termination of the mediation and file it instanter with the presiding judge.
H. No Agreement
If the parties do not reach an agreement as to any matter as a result of mediation, the mediator and the parties shall report the lack of an agreement to the Court without comment or recommendation. The case will then be set for trial.
I. Agreement
If an agreement is reached, it shall be reduced to writing and signed by the parties at the conclusion of the mediation. The mediator and the parties must notify the Court that an agreement was reached, submit the agreed order, and if approved, the Court shall enter a judgment order on that agreement.
J. Imposition of Sanctions
In the event of any breach or failure to perform under the court order, the Court upon motion may impose sanctions, including costs, attorney fees, or other appropriate remedies.
K. Confidentiality of Communications
All oral or written communications in a mediation conference, other than executed settlement agreements, shall be exempt from discovery and shall be confidential and inadmissible as evidence in the underlying cause of action unless all parties agree otherwise. Evidence with respect to alleged settlement agreements shall be admissible in proceedings to enforce the settlement. Subject to the foregoing, unless authorized by the parties, the mediator may not disclose any information obtained during the mediation process.
L. Reports to Supreme Court
The trial court administrator or his/her designee shall provide for the maintenance of records of mediations conducted pursuant to these rules including the number of mediations conducted, the number of mediations resulting in full or partial agreements and those resulting in no agreement. Such information shall be furnished to the Supreme Court through its administrative office quarterly or at such other interval as may be directed, but in no event less than once a year.
M. Peer Review Process
All volunteer mediators will be subject to Peer Review once a year. The review will be conducted by a member of the Peer Review Committee. The peer reviewer will contact the mediator prior to the mediation date, and will observe the mediation. After the mediation, the peer reviewer will debrief the mediator and then meet with the Peer Review Committee to discuss his or her observations. Following the committee meeting, the Peer Review Committee Chair will contact the volunteer with the committee’s decision.
V. MEDIATOR QUALIFICATIONS
A. General Requirements
The chief judge shall maintain a list of mediators who have been certified by the circuit court and who have registered for appointment.
Effective January 1, 2005, for certification in major civil cases, an applicant must:
1. Complete a minimum of 30 hours mediation training, in a program approved by the circuit court, during the one (1) year period prior to application or re-application for certification as a mediator under these rules.
2. Observe two circuit court mediations conducted by two different certified circuit court mediators within one (1) year period prior to application or re-application for certification as a mediator under these rules.
3. Be a member in good standing of the Illinois Bar.
4. Submit to the office of the chief judge or designee a completed application in a form prescribed by the circuit court, which may include information including educational background, areas of practice, and years of practice, etc. By making an application to become certified under these rules, the applicant shall be deemed to have consented to disclosure of the information submitted in connection with his or her application; as well as the nature of cases mediated, number of cases mediated and number of cases settled, and other pertinent information regarding the applicant’s qualifications to attorneys or parties involved in litigation to be mediated as well as any other persons to whom disclosure is deemed appropriate by the circuit court.
B. Previous Certification
All attorneys who have previously been certified to be a court-annexed major civil case mediator under local court rules shall be deemed to be qualified for the purpose of participating in the Small Claims Court Mediation Project.
C. Continuing Responsibilities as a Certified Mediator
In each case, the mediator shall comply with this local rule regarding mediation and such other general standards as may, from time to time, be established and promulgated in writing by the chief judge of the 17th Judicial Circuit.
D. Decertification of Mediators
The chief judge of the circuit court may decertify a mediator previously certified under these rules for any of the following reasons:
1. Revocation or suspension of mediator’s license to practice law in the State of Illinois;
2. Failure or refusal of the mediator to comply with this local rule governing mediation or any general standards issued by the circuit court regarding mediation;
3. Other unprofessional conduct by the mediator that interferes with the ability of the circuit court to provide appropriate mediation services; or
4. The request of the mediator to be decertified.
5.
Last Updated: 11/01/05
Page: 2-H